I112th CONGRESS2d SessionH. R. 6018IN THE HOUSE OF REPRESENTATIVESJune 26, 2012Ms. Ros-Lehtinen
introduced the following bill; which was referred to the
Committee on Foreign
AffairsA BILLTo authorize appropriations for the Department of State
for fiscal year 2013, and for other purposes.1.Short titleThis Act may be cited as the
Foreign Relations Authorization Act,
Fiscal Year 2013.2.Table of
contentsThe table of contents
for this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. Appropriate congressional committees
defined.Title I—Authorization of AppropriationsSec. 101. Administration of foreign affairs.Sec. 102. Contributions to International
Organizations.Sec. 103. Contributions for International Peacekeeping
Activities.Sec. 104. International Commissions.Sec. 105. Peace Corps.Sec. 106. National Endowment for Democracy.Title II—Department of State Authorities and
ActivitiesSubtitle A—Basic Authorities and ActivitiesSec. 201. International Litigation Fund.Sec. 202. Actuarial valuations.Sec. 203. Special agents.Sec. 204. Diplomatic security program contracting.Sec. 205. Accountability review boards.Sec. 206. Physical security of certain soft
targets.Sec. 207. Rewards program update and technical
corrections.Sec. 208. Cybersecurity efforts of the Department of
State.Sec. 209. Center for Strategic Counterterrorism Communications
of the Department of State.Subtitle B—Consular Services and Related MattersSec. 211. Extension of authority to assess passport
surcharge.Sec. 212. Border crossing card fee for minors.Subtitle C—Reporting RequirementsSec. 221. Reporting reform.Title III—Organization and Personnel AuthoritiesSec. 301. Suspension of Foreign Service members without
pay.Sec. 302. Repeal of recertification requirement for Senior
Foreign Service.Sec. 303. Limited appointments in the Foreign
Service.Sec. 304. Limitation of compensatory time off for
travel.Sec. 305. Department of State organization.Sec. 306. Reemployment of annuitants in high-risk
posts.Sec. 307. Overseas Foreign Service pay.Title IV—United States International BroadcastingSec. 401. Authorization of appropriations for international
broadcasting.Sec. 402. Personal services contracting program.Sec. 403. Technical amendment relating to civil immunity for
Broadcasting Board of Governors members.Title V—Arms Export Control Act Amendments and Related
ProvisionsSubtitle A—General ProvisionsSec. 501. Authority to transfer excess defense
articles.Sec. 502. Annual military assistance report.Sec. 503. Annual report on foreign military
training.Sec. 504. Increased flexibility for use of defense trade
control registration fees.Sec. 505. Increase in congressional notification
thresholds.Sec. 506. Return of defense articles.Sec. 507. Annual estimate and justification for sales
program.Sec. 508. Updating and conforming penalties for violations of
sections 38 and 39 of the Arms Export Control Act.Sec. 509. Clarification of prohibitions relating to state
sponsors of terrorism and their nationals.Sec. 510. Exemption for transactions with countries supporting
acts of international terrorism.Sec. 511. Report on Foreign Military Financing
program.Sec. 512. Congressional notification of regulations and
amendments to regulations under section 38 of the Arms Export Control
Act.Sec. 513. Diplomatic efforts to strengthen national and
international arms export controls.Sec. 514. Review and report of investigations of violations of
section 3 of the Arms Export Control Act.Sec. 515. Reports on commercial and governmental military
exports under the Arms Export Control Act; congressional actions.Subtitle B—Miscellaneous ProvisionsSec. 521. Treatment of militarily insignificant parts and
components.Sec. 522. Special export licensing for United States
allies.Sec. 523. Improving and streamlining licensing under United
States Government arms export control programs.Sec. 524. Authority to remove satellites and related components
from the United States Munitions List.Sec. 525. Report on licenses and other authorizations to export
commercial satellites and related components and technology contained on the
Commerce Control List.Sec. 526. Review of United States Munitions List.Sec. 527. Report on country exemptions for licensing of exports
of munitions and related technical data.Sec. 528. End-use monitoring of munitions.Sec. 529. Definitions.3.Appropriate
congressional committees definedExcept as otherwise provided in this Act,
the term appropriate congressional committees means the
Committee on Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate.IAuthorization of
Appropriations101.Administration
of foreign affairsThe
following amounts are authorized to be appropriated for the Department of State
under Administration of Foreign Affairs to carry out the
authorities, functions, duties, and responsibilities in the conduct of foreign
affairs of the United States, and for other purposes authorized by law:(1)Diplomatic and
Consular ProgramsFor
Diplomatic and Consular Programs, $8,983,778,000 for fiscal year
2013.(A)Worldwide
security protectionOf such amounts, not less than $1,591,201,000
is authorized to be appropriated for worldwide security protection.(B)Bureau of
Democracy, Human Rights, and LaborOf such amounts, not less than
$24,147,000 for fiscal year 2013 is authorized to be appropriated for the
Bureau of Democracy, Human Rights and Labor.(C)Overseas
comparability pay limitationNone of such amounts are authorized
to be used to pay a locality-based comparability payment (stated as a
percentage) greater than two-thirds of the comparability payment (stated as a
percentage) applicable to the District of Columbia locality under section 5304
of title 5, United States Code, to any member of the Foreign Service designated
class 1 or below for purposes of section 403 of the Foreign Service Act of 1980
(22 U.S.C. 3963) whose official duty station is not in the continental United
States or in a non-foreign area, as defined in section 591.205 of title 5, Code
of Federal Regulations.(2)Capital
Investment FundFor Capital Investment Fund,
$59,380,000 for fiscal year 2013.(3)Embassy
Security, Construction and MaintenanceFor Embassy
Security, Construction and Maintenance, $1,570,000,000 for fiscal year
2013.(4)Educational and
Cultural Exchange ProgramsFor Educational and Cultural
Exchange Programs, $598,800,000 for fiscal year 2013.(5)Conflict
Stabilization Operations(A)In
generalFor Conflict
Stabilization Operations, $8,500,000 for fiscal year 2013.(B)TransferSubject
to subparagraph (C) of this paragraph, of the amount authorized to be
appropriated pursuant to paragraph (1), up to $35,000,000 is authorized to be
transferred to, and merged with, the amount specified in subparagraph (A) of
this paragraph.(C)NotificationIf
the Secretary of State exercises the transfer authority described in
subparagraph (B), the Secretary shall notify the Committee on Foreign Affairs
and the Committee on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Appropriations of the
Senate.(6)Representation
AllowancesFor Representation Allowances,
$7,300,000 for fiscal year 2013.(7)Protection of
Foreign Missions and OfficialsFor Protection of Foreign
Missions and Officials, $27,000,000 for fiscal year 2013.(8)Emergencies in
the Diplomatic and Consular ServiceFor Emergencies in the
Diplomatic and Consular Service, $9,300,000 for fiscal year
2013.(9)Repatriation
LoansFor Repatriation Loans, $1,447,000 for
fiscal year 2013.(10)Payment to the
American Institute in Taiwan(A)In
generalFor Payment to
the American Institute in Taiwan, $21,108,000 for fiscal year
2013.(B)TransferSubject
to subparagraph (C) of this paragraph, of the amount authorized to be
appropriated pursuant to paragraph (1), up to $15,300,000 is authorized to be
transferred to, and merged with, the amount specified in subparagraph (A) of
this paragraph.(C)NotificationIf
the Secretary of State exercises the transfer authority described in
subparagraph (B), the Secretary shall notify the Committee on Foreign Affairs
and the Committee on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Appropriations of the
Senate.(11)Office of the
Inspector GeneralFor
Office of the Inspector General, $129,086,000 for fiscal year
2013, including for the Special Inspector General for Iraq Reconstruction and
the Special Inspector General for Afghanistan Reconstruction, notwithstanding
section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) as
such section relates to the inspection of the administration of activities and
operations of each Foreign Service post.102.Contributions
to International OrganizationsThere are authorized to be appropriated for
Contributions to International Organizations, $1,551,000,000 for
fiscal year 2013, for the Department of State to carry out the authorities,
functions, duties, and responsibilities in the conduct of the foreign affairs
of the United States with respect to international organizations and to carry
out other authorities in law consistent with such purposes.103.Contributions
for International Peacekeeping ActivitiesThere are authorized to be appropriated for
Contributions for International Peacekeeping Activities,
$1,828,182,000 for fiscal year 2013 for the Department of State to carry out
the authorities, functions, duties, and responsibilities of the United States
with respect to international peacekeeping activities and to carry out other
authorities in law consistent with such purposes.104.International
CommissionsThe following
amounts are authorized to be appropriated under International
Commissions for the Department of State to carry out the authorities,
functions, duties, and responsibilities in the conduct of the foreign affairs
of the United States and for other purposes authorized by law:(1)International
Boundary and Water Commission, United States and MexicoFor
International Boundary and Water Commission, United States and
Mexico—(A)for
Salaries and Expenses, $44,722,000 for fiscal year 2013;
and(B)for
Construction, $31,453,000 for fiscal year 2013.(2)International
Boundary Commission, United States and CanadaFor
International Boundary Commission, United States and Canada,
$2,279,000 for fiscal year 2013.(3)International
Joint CommissionFor International Joint
Commission, $7,012,000 for fiscal year 2013.(4)International
Fisheries CommissionsFor International Fisheries
Commissions, $36,300,000 for fiscal year 2013.(5)Border
Environment Cooperation CommissionFor Border Environment
Cooperation Commission, $2,396,000 for fiscal year 2013.105.Peace
CorpsThere are authorized to
be appropriated for the Peace Corps $375,000,000 for fiscal year 2013, of which
not less than $5,150,000 is authorized to be appropriated for the Office of the
Inspector General of the Peace Corps.106.National
Endowment for DemocracyThere
are authorized to be appropriated for the National Endowment for
Democracy for authorized activities $122,764,000 for fiscal year
2013.IIDepartment of
State Authorities and ActivitiesABasic Authorities
and Activities201.International
Litigation FundParagraph (3)
of section 38(d) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2710(d)) is amended by striking by the Department of State from
another agency of the United States Government or pursuant to and
inserting by the Department of State as a result of a decision of an
international tribunal, from another agency of the United States Government, or
pursuant to.202.Actuarial
valuationsThe Foreign Service
Act of 1980 is amended—(1)in section 818 (22
U.S.C. 4058)—(A)in the first
sentence, by striking Secretary of the Treasury and inserting
Secretary of State; and(B)by amending the
second sentence to read as follows: The Secretary of State is authorized
to expend from money to the credit of the Fund such sums as may be necessary to
administer the provisions of this subchapter, including actuarial advice, but
only to the extent and in such amounts as are provided in advance in
appropriations Acts.;(2)in section 819 (22
U.S.C. 4059), in the first sentence, by striking Secretary of the
Treasury the second place it appears and inserting Secretary of
State;(3)in section 825(b)
(22 U.S.C. 4065(b)), by striking Secretary of the Treasury and
inserting Secretary of State; and(4)section 859(c) (22
U.S.C. 4071h(c))—(A)by striking
Secretary of the Treasury and inserting Secretary of
State; and(B)by striking
and shall advise the Secretary of State of and inserting
that will provide.203.Special
agents(a)In
generalParagraph (1) of section 37(a) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as
follows:(1)conduct
investigations concerning—(A)illegal passport
or visa issuance or use;(B)identity theft or
document fraud affecting or relating to the programs, functions, and
authorities of the Department of State; and(C)Federal offenses
committed within the special maritime and territorial jurisdiction of the
United States as defined in paragraph (9) of section 7 of title 18, United
States Code, except as that jurisdiction relates to the premises of United
States military missions and related
residences;.(b)Rule of
constructionNothing in
paragraph (1) of section 37(a) the State Department Basic Authorities Act of
1956 (as amended by subsection (a) of this section) shall be construed to limit
the investigative authority of any other Federal department or agency.204.Diplomatic
security program contractingSection 136 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is
amended—(1)in subsection
(c)—(A)in the matter
preceding paragraph (1), by striking With respect and inserting
Except as provided in subsection (d), with respect; and(B)in paragraph (3),
by striking subsection (d) and inserting subsection
(e);(2)by redesignating
subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h),
respectively;(3)by inserting after
subsection (c) the following new subsection:(d)Award of local
guard and protective service contracts in high risk areasWith
respect to local guard contracts for Foreign Service buildings located in high
risk areas which exceed $250,000, the Secretary of State shall—(1)comply with
paragraphs (1), (2), (4), (5), and (6) of subsection (c) in the award of such
contracts;(2)in evaluating
proposals for such contracts, award contracts to the firm representing the best
value to the Government in accordance with the best value tradeoff process
described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R.
15.101–1); and(3)ensure that in all
contracts awarded under this subsection, contractor personnel providing local
guard or protective services are classified as—(A)employees of the
offeror;(B)if the offeror is
a joint venture, as the employees of one of the persons or parties constituting
the joint venture; or(C)as employees of a
subcontractor to the offeror, and not as independent contractors to the offeror
or any other entity performing under such
contracts.;
and(4)in subsection (e),
as redesignated by paragraph (2) of this section—(A)in paragraph (3),
by striking and at the end;(B)in paragraph (4),
by striking the period at the end and inserting ; and;
and(C)by adding at the
end the following new paragraph:(5)the term
high risk areas means—(A)an area subject to
a contingency operation as defined in section 101(a)(13) of title 10, United
States Code; or(B)an area determined
by the Assistant Secretary of Diplomatic Security to present an increased
threat of serious damage or harm to United States diplomatic facilities or
personnel..205.Accountability
review boardsParagraph (3) of
section 301(a) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986
(22 U.S.C. 4831(a)) is amended—(1)by striking the
heading and inserting Facilities in high-risk areas; and(2)in subparagraph
(A)—(A)by amending clause
(i) to read as follows:(i)involves serious injury, loss of life, or
significant destruction of property at, or related to, a United States
Government mission in an area subject to a contingency operation (as defined in
section 101(a)(13) of title 10, United States Code), or in an area previously
determined by the Assistant Secretary of State for Diplomatic Security to
present an increased threat of serious damage or harm to United States
diplomatic facilities or personnel; and;
and(B)in clause (ii), by
striking 2009 and inserting 2015.206.Physical
security of certain soft targetsSection 29 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2701) is amended, in the third sentence, by
inserting physical security enhancements and after may
include.207.Rewards program
update and technical corrections(a)Enhanced
authoritySection 36 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2708) is amended—(1)in subsection
(a)(2), by inserting serious violations of international humanitarian
law, transnational organized crime, after international
narcotics trafficking,;(2)in subsection
(b)—(A)in the matter
preceding paragraph (1), by striking Attorney General and
inserting heads of other relevant departments or
agencies;(B)in paragraphs (4)
and (5), by striking paragraph (1), (2), or (3) each place it
appears and inserting paragraph (1), (2), (3), (8), or
(9);(C)in paragraph
(6)—(i)by
inserting or transnational organized crime group after
terrorist organization; and(ii)by
striking or at the end;(D)in paragraph
(7)—(i)in
the matter preceding subparagraph (A), by striking , including the use
by the organization of illicit narcotics production or international narcotics
trafficking and inserting or transnational organized crime
group, including the use by such organization or group of illicit narcotics
production or international narcotics trafficking;(ii)in
subparagraph (A), by inserting or transnational organized crime
after international terrorism; and(iii)in
subparagraph (B)—(I)by inserting
or transnational organized crime group after terrorist
organization; and(II)by striking the
period at the end and inserting a semicolon; and(E)by adding at the
end the following new paragraphs:(8)the arrest or conviction in any country of
any individual for participating in, primarily outside the United States,
transnational organized crime;(9)the arrest or conviction in any country of
any individual conspiring to participate in or attempting to participate in
transnational organized crime; or(10)the arrest or
conviction in any country, or the transfer to or conviction by an international
criminal tribunal (including a hybrid or mixed tribunal), of any foreign
national accused of war crimes, crimes against humanity, or genocide, as
defined under the statute of such
tribunal.;
and(3)in subsection
(k)—(A)by redesignating
paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and(B)by inserting after
paragraph (4) the following new paragraphs:(5)Transnational
organized crimeThe term
transnational organized crime means—(A)racketeering activity (as such term is
defined in section 1961 of title 18, United States Code) that involves at least
one jurisdiction outside the United States; or(B)any other criminal offense punishable by a
term of imprisonment of at least four years under Federal, State, or local law
that involves at least one jurisdiction outside the United States and that is
intended to obtain, directly or indirectly, a financial or other material
benefit.(6)Transnational
organized crime groupThe
term transnational organized crime group means a group of
persons that includes one or more citizens of a foreign country, exists for a
period of time, and acts in concert with the aim of engaging in transnational
organized
crime..(b)Advance
notification for international criminal tribunal rewardsSection
36(g) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(g))
is amended by adding at the end the following new paragraph:(3)Advance
notification for international criminal tribunal rewardsNot less than 15 days before publicly
announcing that a reward may be offered for the arrest or conviction in any
country, or the transfer to or conviction by an international criminal tribunal
(including a hybrid or mixed tribunal), of a foreign national accused of war
crimes, crimes against humanity, or genocide (as defined under the statute of
such tribunal), the Secretary shall submit to the appropriate congressional
committees a report, which may be submitted in classified form if necessary,
specifying the reasons why such arrest or conviction or transfer of such
foreign national is in the national interests of the United
States..(c)Enhancing
publicity of rewards informationThe Department of State and the
Broadcasting Board of Governors shall make themselves available to the
appropriate congressional committees for period briefings on their cooperative
efforts to publicize rewards authorized under section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708).(d)Technical
correctionSection 36(e)(1) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended by striking The
Secretary shall authorize a reward of $50,000,000 for the capture or death or
information leading to the capture or death of Osama bin Laden..(e)Rule of
constructionNothing in this section shall be construed as
authorizing the use of activity precluded under the American Servicemembers’
Protection Act of 2002 (Public Law 107–206).(f)FundingTo
carry out this section, the Secretary of State shall use amounts appropriated
or otherwise made available to the Emergencies in the Diplomatic and Consular
Service account of the Department of State.208.Cybersecurity
efforts of the Department of State(a)Coordinator for
Cyber Issues of the Department of State(1)In
generalThe Secretary of State is authorized to establish within
the office of the Secretary of State a Coordinator for Cyber Issues (in this
section referred to as the Coordinator), who shall be appointed
by the President, by and with the advice and consent of the Senate.(2)Principal
dutiesThe Coordinator
should—(A)be the principal official within the senior
management of the Department responsible for cyberspace and cybersecurity
issues;(B)be the principal
advisor to the Secretary of State on international cyberspace and cybersecurity
issues;(C)report directly to
the Secretary;(D)perform such
duties and exercise such powers as the Secretary shall prescribe; and(E)coordinate United
States cyberspace and cybersecurity policy in each country or region that the
Secretary considers significant with respect to efforts of the United States
Government to enhance cybersecurity globally.(3)Additional
dutiesIn addition to the
duties described in paragraph (2), the Coordinator should—(A)provide strategic direction and
coordination for United States Government policy and programs aimed at
addressing and responding to cyberspace and cybersecurity issues overseas,
especially in relation to issues that affect United States foreign policy and
related national security concerns;(B)coordinate with
relevant Federal departments and agencies, including the Department of Homeland
Security, the Department of Defense, the Department of the Treasury, the
Department of Justice, the Department of Commerce, and the intelligence
community, to develop interagency plans regarding international cyberspace and
cybersecurity issues;(C)conduct internal
exercises for the Department of State to plan for responses to a cyber
attack;(D)provide a focal
point for the private sector to coordinate on international cyberspace and
cybersecurity issues; and(E)build multilateral
cooperation to develop international norms, common policies, and responses to
secure the integrity of cyberspace.(4)Rank and status
of ambassadorThe Coordinator
should have the rank and status of Ambassador-at-Large.(b)ReportNot later than 180 days after the date of
the enactment of this Act, the Secretary of State shall submit to the Committee
on Foreign Affairs of the House of Representatives and Committee on Foreign
Relations of the Senate a report that includes the following:(1)A description of the Department of State’s
internal cybersecurity efforts, including the following:(A)A description of
the nature and scope of major incidents of cybercrime against the Department of
State.(B)A description of
action taken to ensure that all individuals trained by the Department of State
are adequately prepared to detect and respond to existing and foreseeable
vulnerabilities in the Department’s information security.(C)An assessment of
whether the Department of State’s staffing levels, facilities, financial
resources, and technological equipment are sufficient to provide effective
cybersecurity training and protection against incidents of cybercrime.(D)A description of
action taken to develop and implement response plans to mitigate and isolate
disruption caused by incidents of cybercrime.(E)A description of
action taken to enhance cooperation on cybersecurity issues with other Federal
departments and agencies.(F)A description of any deployments of
interagency teams from the Department of State, the United States Agency for
International Development, and other Federal departments and agencies that have
been deployed to foreign countries to respond to incidents of cybercrime.(2)A description of the actions that the
Department of State is taking to work with other countries and international
organizations to strengthen cooperative efforts to—(A)combat cybercrime
and enhance information security;(B)pressure countries
identified as countries of cybersecurity concern under subsection (c) to take
effective action to end incidents of cybercrime; and(C)assist
cybersecurity capacity-building in less developed countries.(c)List of
countries of cybersecurity concern(1)In
generalNot later than 90
days after the date of the enactment of this Act, the Secretary of State shall
determine if a country is a country of cybersecurity concern if the Secretary
of State finds that with respect to such a country—(A)during the two-year period preceding the
date of the Secretary of State’s determination, there is significant credible
evidence that there has been a pattern of incidents of cybercrime—(i)against the United States Government or
United States persons, or that disrupt United States electronic commerce or
otherwise negatively impact the trade or intellectual property interests of the
United States; and(ii)that are
attributable to persons or property based in such country; and(B)the government of such country has
demonstrated a pattern of being uncooperative with efforts to combat cybercrime
by—(i)failing to conduct its own reasonable
criminal investigations, prosecutions, or other proceedings with respect to the
incidents of cybercrime described in subparagraph (A);(ii)failing to
cooperate with the United States, any other party to the Convention on
Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other
proceedings with respect to such incidents, in accordance with chapter III of
the Convention on Cybercrime; or(iii)not adopting or
implementing legislative or other measures in accordance with chapter II of the
Convention on Cybercrime with respect to criminal offenses related to computer
systems or computer data.(2)Submission of
list(A)In
generalUpon making the
determinations under paragraph (1), the Secretary of State shall submit to the
congressional committees specified in subsection (b) a list of—(i)each
country that is a country of cybersecurity concern;(ii)the
basis for each such determination; and(iii)any actions the
Department of State is taking to address the concerns described in such
paragraph.(B)FormThe
Secretary of State may submit the list described in this paragraph (or any
portion of such list) in classified form if the Secretary determines that such
is appropriate.(d)Strategy for
United States engagement on international cyber issues(1)In
generalThe Coordinator, in
consultation with the heads of appropriate Federal departments and agencies
with relevant technical expertise or policy mandates pertaining to cyberspace
and cybersecurity issues, shall, not later than 180 days after the date of the
enactment of this Act, develop and submit to congressional committees specified
in subsection (b) a strategy to support the objective of promoting United
States engagement on international cyber issues.(2)ContentsThe strategy developed under paragraph (1)
shall—(A)include—(i)efforts to be undertaken;(ii)specific and
measurable goals;(iii)benchmarks and
timeframes for defining short- and long-term objectives for United States
cyberspace and cybersecurity policy; and(iv)progress made
towards achieving the benchmarks and timeframes described in clause (iii);
and(B)to the greatest
extent practicable, draw upon the expertise of technology, security, and policy
experts, private sector actors, international organizations, and other
appropriate entities.(3)ComponentsThe
strategy developed under paragraph (1) should include—(A)assessments and reviews of existing
strategies for international cyberspace and cybersecurity policy and
engagement;(B)short- and
long-term objectives for United States cyberspace and cybersecurity engagement;
and(C)a description of
programs, activities, and policies to foster United States Government
collaboration and coordination with other countries and organizations to
bolster an international framework of cyber norms, governance, and deterrence,
including consideration of the utility of negotiating a multilateral framework
to provide internationally acceptable principles to better mitigate
cyberwarfare, including noncombatants.(e)DefinitionsIn
this section:(1)Computer
dataThe term computer
data means any representation of facts, information, or concepts in a
form suitable for processing in a computer system, including a program suitable
to cause a computer system to perform a function.(2)Computer
systemsThe term computer systems means any device
or group of interconnected or related devices, one or more of which, pursuant
to a program, performs automatic processing of data.(3)Convention on
CybercrimeThe term Convention on Cybercrime
refers to the Council of Europe Convention on Cybercrime, done at Budapest on
November 23, 2001, as ratified by the United States Senate with any relevant
reservations or declarations.(4)CybercrimeThe
term cybercrime refers to criminal offenses relating to computer
systems or computer data described in the Convention on Cybercrime.(5)Electronic
commerceThe term electronic commerce has the
meaning given such term in section 1105(3) of the Internet Tax Freedom Act (47
U.S.C. 151 note).(6)Information
securityThe term information security refers
to—(A)the confidentiality, integrity, or
availability of an information system, or the information such system
processes, stores, or transmits; and(B)the security
policies, security procedures, or acceptable use policies with respect to an
information system.(7)INTERPOLThe term INTERPOL means the
International Criminal Police Organization.(8)United States
personThe term United States person means—(A)a United States citizen or an alien
lawfully admitted for permanent residence to the United States; or(B)an entity
organized under the laws of the United States, or of any jurisdiction within
the United States.209.Center for
Strategic Counterterrorism Communications of the Department of State(a)Statement of
policyAs articulated in Executive Order 13584, issued on
September 9, 2011, it is the policy of the United States to actively counter
the actions and ideologies of al-Qa’ida, its affiliates and adherents, other
terrorist organizations, and violent extremists overseas that threaten the
interests and national security of the United States.(b)Establishment of
Center for Strategic Counterterrorism CommunicationsThere is
authorized to be established within the Department of State, under the
direction of the Secretary of State, the Center for Strategic Counterterrorism
Communications (in this section referred to as the CSCC).(c)MissionThe
CSCC should coordinate, orient, and inform government-wide public
communications activities directed at audiences abroad and targeted against
violent extremists and terrorist organizations, especially al-Qa’ida and its
affiliates and adherents.(d)Coordinator of
the Center for Strategic Counterterrorism CommunicationsThe head
of the CSCC should be the Coordinator. The Coordinator of the CSCC
should—(1)report to the
Under Secretary for Public Diplomacy and Public Affairs; and(2)collaborate with
the Bureau of Counterterrorism of the Department of State, other Department
bureaus, and other United States Government agencies.(e)DutiesThe
CSCC should—(1)monitor and
evaluate extremist narratives and events abroad that are relevant to the
development of a United States strategic counterterrorism narrative designed to
counter violent extremism and terrorism that threaten the interests and
national security of the United States;(2)develop and
promulgate for use throughout the executive branch United States strategic
counterterrorism narrative developed in accordance with paragraph (1), and
public communications strategies to counter the messaging of violent extremists
and terrorist organizations, especially al-Qa’ida and its affiliates and
adherents;(3)identify current
and emerging trends in extremist communications and communications by al-Qa’ida
and its affiliates and adherents in order to coordinate and provide guidance to
the United States Government regarding how best to proactively promote a United
States strategic counterterrorism narrative developed in accordance with
paragraph (1) and related policies, and to respond to and rebut extremist
messaging and narratives when communicating to audiences outside the United
States;(4)facilitate the use
of a wide range of communications technologies by sharing expertise and best
practices among United States Government and non-government sources;(5)identify and
request relevant information from United States Government agencies, including
intelligence reporting, data, and analysis; and(6)identify
shortfalls in United States capabilities in any areas relevant to the CSCC’s
mission, and recommend necessary enhancements or changes.(f)Steering
Committee(1)In
generalThe Secretary of State should establish a Steering
Committee composed of senior representatives of United States Government
agencies relevant to the CSCC’s mission to provide advice to the Secretary on
the operations and strategic orientation of the CSCC and to ensure adequate
support for the CSCC.(2)MeetingsThe
Steering Committee should meet not less often than once every six
months.(3)LeadershipThe
Steering Committee should be chaired by the Under Secretary of State for Public
Diplomacy. The Coordinator for Counterterrorism of the Department of State
should serve as Vice Chair. The Coordinator of the CSCC should serve as
Executive Secretary.(4)Composition(A)In
generalThe Steering
Committee should include one senior representative designated by the head of
each of the following agencies:(i)The
Department of Defense.(ii)The
Department of Justice.(iii)The Department
of Homeland Security.(iv)The
Department of the Treasury.(v)The
National Counterterrorism Center of the Office of the Director of National
Intelligence.(vi)The
Joint Chiefs of Staff.(vii)The
Counterterrorism Center of the Central Intelligence Agency.(viii)The
Broadcasting Board of Governors.(ix)The
Agency for International Development.(B)Additional
representationRepresentatives from United States Government
agencies not specified in subparagraph (A) may be invited to participate in the
Steering Committee at the discretion of the Chair.BConsular Services
and Related Matters211.Extension of
authority to assess passport surchargeParagraph (2) of section 1(b) of the Act of
June 4, 1920 (41 Stat. 750; chapter 223; 22 U.S.C. 214(b)), is amended by
striking 2010 and inserting 2015.212.Border crossing
card fee for minorsSection
410(a)(1)(A) of the Department of State and Related Agencies Appropriations
Act, 1999 (contained in division A of Public Law 105–277) is amended by
striking a fee of $13 and inserting a fee equal to
one-half the fee that would otherwise apply for processing a machine readable
combined border crossing identification card and nonimmigrant
visa.CReporting
Requirements221.Reporting
reformThe following
provisions of law are repealed:(1)Subsections (c)(4) and (c)(5) of section
601 of Public Law 96–465.(2)Section 585 in the matter under section
101(c) of division A of Public Law 104–208.(3)Section 11(b) of Public Law 107–245.IIIOrganization and
Personnel Authorities301.Suspension of
Foreign Service members without pay(a)SuspensionSection
610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended by adding at
the end the following new subsection:(c)(1)In order to promote the
efficiency of the Service, the Secretary may suspend a member of the Foreign
Service without pay when the member’s security clearance is suspended or when
there is reasonable cause to believe that the member has committed a crime for
which a sentence of imprisonment may be imposed.(2)Any member of the Foreign Service for
whom a suspension is proposed in accordance with paragraph (1) shall be
entitled to—(A)written notice stating the specific
reasons for the proposed suspension;(B)a reasonable time to respond orally
and in writing to the proposed suspension;(C)representation by an attorney or other
representative; and(D)a final written decision, including
the specific reasons for such decision, as soon as practicable.(3)Any member suspended under this
section may file a grievance in accordance with the procedures applicable to
grievances under chapter 11.(4)In the case of a grievance filed
under paragraph (3)—(A)the review by the Foreign Service
Grievance Board shall be limited to a determination of whether the provisions
of paragraphs (1) and (2) have been fulfilled; and(B)the Foreign Service Grievance Board
may not exercise the authority provided under section 1106(8).(5)In this subsection:(A)The term reasonable
time means—(i)with respect to a member of the
Foreign Service assigned to duty in the United States, 15 days after receiving
notice of the proposed suspension; and(ii)with respect to a member of the
Foreign Service assigned to duty outside the United States, 30 days after
receiving notice of the proposed suspension.(B)The term suspend or
suspension means the placing of a member of the Foreign Service
in a temporary status without duties and
pay..(b)Conforming and
clerical amendments(1)Amendment of
section headingSection 610 of the Foreign Service Act of 1980,
as amended by subsection (a) of this section, is further amended, in the
section heading, by inserting ; Suspension before the period at the
end.(2)Clerical
amendmentThe item relating to section 610 in the table of
contents in section 2 of the Foreign Service Act of 1980 is amended to read as
follows:Sec. 610. Separation for cause;
suspension..302.Repeal of
recertification requirement for Senior Foreign ServiceSection 305(d) of the Foreign Service Act of
1980 (22 U.S.C. 3945(d)) is repealed.303.Limited
appointments in the Foreign ServiceSection 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949) is amended—(1)in subsection (a),
by striking subsection (b) and inserting subsections (b)
or (c);(2)in subsection
(b)—(A)in paragraph
(3)—(i)by
inserting (A), after if; and(ii)by
inserting before the semicolon at the end the following: , or (B), the
career candidate is serving in the uniformed services, as defined by the
Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
4301 et seq.), and the limited appointment expires in the course of such
service;(B)in paragraph (4),
by striking and at the end;(C)in paragraph (5),
by striking the period at the end and inserting ; and;
and(D)by adding after
paragraph (5) the following new paragraph:(6)in exceptional circumstances where
the Secretary determines the needs of the Service require the extension of a
limited appointment (A), for a period of time not to exceed 12 months (if such
period of time does not permit additional review by boards under section 306),
or (B), for the minimum time needed to settle a grievance, claim, or complaint
not otherwise provided for in this
section.;
and(3)by adding at the
end the following new subsection:(c)Non-career Foreign
Service employees who have served five consecutive years under a limited
appointment may be reappointed to a subsequent limited appointment if there is
a one year break in service between each such appointment. The Secretary may in
cases of special need waive the requirement for a one year break in
service..304.Limitation of
compensatory time off for travelSection 5550b of title 5, United States
Code, is amended by adding at the end the following new subsection:(c)The maximum amount
of compensatory time off earned under this section may not exceed 104 hours
during any leave year (as defined by regulations established by the Office of
Personnel
Management)..305.Department of
State organizationThe
Secretary of State may, after consultation with the appropriate congressional
committees, transfer to such other officials or offices of the Department of
State as the Secretary may determine from time to time any authority, duty, or
function assigned by statute to the Coordinator for Counterterrorism, the
Coordinator for Reconstruction and Stabilization, or the Coordinator for
International Energy Affairs.306.Reemployment of
annuitants in high-risk postsSubparagraph 2(A) of section 824(g) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)(2)(A)) is amended by striking
2010 and inserting 2013.307.Overseas
Foreign Service paySubject to
the limitation described in section 101(1)(C) of this Act, the authority
provided by section 1113 of the Public Law 111–32, shall remain in effect
through September 30, 2013.IVUnited States
International Broadcasting401.Authorization
of appropriations for international broadcastingThe following amounts are authorized to be
appropriated to carry out United States international broadcasting activities
under the United States Information and Educational Exchange Act of 1948, the
Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the
United States International Broadcasting Act of 1994, and the Foreign Affairs
Reform and Restructuring Act of 1998, and to carry out other authorities in law
consistent with such purposes:(1)For
International Broadcasting Operations, $744,500,000 for fiscal
year 2013.(2)For
Broadcasting Capital Improvements, $7,030,000 for fiscal year
2013.402.Personal
services contracting programSection 504(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 6206 note),
is amended by striking 2009 and inserting
2015.403.Technical
amendment relating to civil immunity for Broadcasting Board of Governors
membersSection 304(g) of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6203(g)) is
amended by striking Incorporated and Radio Free Asia and
inserting Incorporated, Radio Free Asia, and Middle East Broadcasting
Networks.VArms
Export Control Act Amendments and Related ProvisionsAGeneral
Provisions501.Authority to
transfer excess defense articlesSection 516(g)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended—(1)by inserting
authorized to be before transferred; and(2)by striking
425,000,000 and inserting 450,000,000.502.Annual military
assistance report(a)Information
relating to military assistance and military exportsSection 655(b) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2415(b)) is amended—(1)in the matter
preceding paragraph (1), by striking whether such defense
articles— and inserting the following:;(2)in paragraph
(1)—(A)by inserting
Whether such defense articles before were;
and(B)by striking the
semicolon at the end and inserting a period;(3)in paragraph
(2)—(A)by inserting Whether such defense
articles before were; and(B)by striking
; or at the end and inserting a period; and(4)by striking
paragraph (3) and inserting the following:(3)Whether such
defense articles were exported without a license under section 38 of the Arms
Export Control Act pursuant to an exemption established under the International
Traffic in Arms Regulations, other than defense articles exported in
furtherance of a letter of offer and acceptance under the Foreign Military
Sales program or a technical assistance or manufacturing license agreement,
including the specific exemption in the regulation under which the export was
made.(4)A detailed listing, by United States
Munitions List category and sub-category, as well as by country and by
international organization, of the actual total dollar value of major defense
equipment and defense articles delivered pursuant to licenses authorized under
section 38 of the Arms Export Control Act for the previous fiscal year.(5)In the case of
defense articles that are firearms controlled under category I of the United
States Munitions List, a statement of the aggregate dollar value and quantity
of semiautomatic assault weapons, or spare parts for such weapons, the
manufacture, transfer, or possession of which is unlawful under section 922 of
title 18, United States Code, that were licensed for export during the period
covered by the
report..(b)Information not
requiredSection 655 of the Foreign Assistance Act of 1961 (22
U.S.C. 2415) is amended—(1)by redesignating
subsection (c) as subsection (d); and(2)by inserting after
subsection (b) the following:(c)Information not
requiredEach such report may
exclude information relating to—(1)exports of defense
articles (including excess defense articles), defense services, and
international military education and training activities authorized by the
United States on a temporary basis;(2)exports of such
articles, services, and activities to United States Government end users
located in foreign countries; and(3)and the value of
manufacturing license agreements or technical assistance agreements licensed
under section 38 of the Arms Export Control
Act..503.Annual report
on foreign military trainingSection 656(a)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2416(a)(1)) is amended by striking January
31 and inserting March 1.504.Increased
flexibility for use of defense trade control registration fees(a)In
generalSection 45 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2717) is amended—(1)in the first
sentence—(A)by striking
For and inserting (a)
In
general.—For; and(B)by striking
Office and inserting Directorate; and(2)by amending the
second sentence to read as follows:(b)Availability of
feesFees credited to the account referred to in subsection (a)
shall be available only for payment of expenses incurred for—(1)management;(2)licensing;(3)compliance;(4)policy activities;
and(5)public
outreach..(b)Conforming
amendmentSection 38(b)(3)(A) of the Arms Export Control Act (22
U.S.C. 2778(b)(3)(A)) is amended to read as follows:(3)(A)For each fiscal year,
100 percent of registration fees collected pursuant to paragraph (1) shall be
credited to a Department of State account, to be available without fiscal year
limitation. Fees credited to that account shall be available only for the
payment of expenses incurred for—(i)management;(ii)licensing;(iii)compliance;(iv)policy activities; and(v)public
outreach..505.Increase in
congressional notification thresholds(a)Foreign military
sales(1)In
generalSection 36(b)(1) of the Arms Export Control Act (22
U.S.C. 2776(b)(1)) is amended—(A)in the matter
preceding subparagraph (A)—(i)by
striking $50,000,000 and inserting
$100,000,000;(ii)by
striking $200,000,000 and inserting $300,000,000;
and(iii)by
striking $14,000,000 and inserting $25,000,000;
and(B)in the matter
following subparagraph (P)—(i)by
inserting of any defense articles or defense services under this Act for
$200,000,000 or more, any design and construction services for $300,000,000 or
more, or any major defense equipment for $75,000,000 or more, after
The letter of offer shall not be issued, with respect to a proposed
sale; and(ii)by
inserting of any defense articles or services under this Act for
$100,000 or more, any design and construction services for $200,000,000 or
more, or any major defense equipment for $50,000,000 or more, after
or with respect to a proposed sale.(2)Technical and
conforming amendmentsSection 36(b) of the Arms Export Control
Act (22 U.S.C. 2776(b)) is amended—(A)in paragraph
(5)(C), by striking Subject to paragraph (6), if and inserting
If; and(B)by striking
paragraph (6).(b)Commercial
salesSection 36(c) of the Arms Export Control Act (22 U.S.C.
2776(c)) is amended—(1)in paragraph
(1)—(A)by striking
Subject to paragraph (5), in and inserting
In;(B)by striking
$14,000,000 and inserting $25,000,000; and(C)by striking
$50,000,000 and inserting $100,000,000;(2)in paragraph
(2)—(A)in subparagraph
(A), by inserting after for an export the following: of
any major defense equipment sold under a contract in the amount of $75,000,000
or more or of defense articles or defense services sold under a contract in the
amount of $200,000,000 or more, (or, in the case of a defense article that is a
firearm controlled under category I of the United States Munitions List,
$1,000,000 or more); and(B)in subparagraph
(C), by inserting after license the following: for an
export of any major defense equipment sold under a contract in the amount of
$50,000,000 or more or of defense articles or defense services sold under a
contract in the amount of $100,000,000 or more, (or, in the case of a defense
article that is a firearm controlled under category I of the United States
Munitions List, $1,000,000 or more);(3)by striking
paragraph (5); and(4)by redesignating
paragraph (6) as paragraph (5).506.Return of
defense articlesSection
21(m)(1)(B) of the Arms Export Control Act (22 U.S.C. 2761(m)(1)(B)) is amended
by adding at the end before the semicolon the following: , unless the
Secretary of State has provided prior approval of such retransfer.507.Annual estimate
and justification for sales program(a)In
generalSection 25(a)(1) of
the Arms Export Control Act (22 U.S.C. 2765(a)(1)) is amended by striking
, together with an indication of which sales and licensed commercial
exports and inserting and.(b)Additional
AmendmentSection 25(a)(3) of
the Arms Export Control Act (22 U.S.C. 2765(a)(3)) is amended by adding at the
end before the semicolon the following: , as well as any plan for
regional security cooperation developed in consultation with Embassy Country
Teams and the Department of State.508.Updating and
conforming penalties for violations of sections 38 and 39 of the Arms Export
Control Act(a)In
generalSection 38(c) of the Arms Export Control Act (22 U.S.C.
2778(c)) is amended to read as follows:(c)Violations of
this section and section 39(1)Unlawful
actsIt shall be unlawful for any person to violate, attempt to
violate, conspire to violate, or cause a violation of any provision of this
section or section 39, or any rule or regulation issued under either section,
or a treaty referred to in subsection (j)(1)(c)(i), including any rule or
regulation issued to implement or enforce a treaty referred to in subsection
(j)(1)(c)(i) or an implementing arrangement pursuant to such a treaty, or who,
in a registration or license application or required report, makes any untrue
statement of a material fact or omits to state a material fact required to be
stated therein or necessary to make the statements therein not
misleading.(2)Criminal
penaltiesA person who willfully commits an unlawful act
described in paragraph (1) shall upon conviction—(A)be fined for each
violation in an amount not to exceed $1,000,000, or(B)in the case of a
natural person, imprisoned for not more than 20 years or
both..(b)Mechanisms To
identify violatorsSection 38(g) of the Arms Export Control Act
(22 U.S.C. 2778(g)) is amended—(1)in paragraph
(1)—(A)in subparagraph
(A)—(i)in the matter
preceding clause (i), by inserting or have otherwise been charged
with, after indictment for,;(ii)in
clause (xi), by striking ; or at the end and inserting a
comma;(iii)in
clause (xii), by striking the semicolon at the end and inserting a comma;
and(iv)by
adding at the end the following:(xiii)section 542 of
title 18, United States Code, relating to entry of goods by means of false
statements,(xiv)section 554 of
title 18, United States Code, relating to smuggling goods from the United
States,(xv)section 1831 of
title 18, United States Code, relating to economic espionage,(xvi)section 545 of
title 18, United States Code, relating to smuggling goods into the United
States,(xvii)section 104A of the Foreign Corrupt
Practices Act of 1977 (15 U.S.C. 78dd–3), relating to prohibited foreign trade
practices by persons other than issuers or domestic concerns,(xviii)section 2339B
of title 18, United States Code, relating to providing material support or
resources to dedicated foreign terrorist organizations, or(xix)sections 2339C
and 2339D of title 18, United States Code, relating to financing terrorism and
receiving terrorism training;;
and(B)in subparagraph
(B), by inserting , have been otherwise charged, after
indictment; and(2)in paragraph
(3)(A), by inserting or otherwise charged with after
indictment for.(c)Effective
dateThe amendment made by subsection (a) shall take effect on
the date of the enactment of this Act and shall apply with respect to
violations of sections 38 and 39 of the Arms Export Control Act committed on or
after that date.509.Clarification
of prohibitions relating to state sponsors of terrorism and their
nationalsSection 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)) is amended—(1)by inserting
or to the nationals of that country whose substantive contacts with that
country give reasonable grounds for raising risk of diversion, regardless of
whether such persons maintain such nationality or the nationality of another
country not covered by this section after with respect to a
country; and(2)by adding at the
end the following: For purposes of this subsection, the term
national means an individual who acquired citizenship by birth
from a country that is subject to section 126.1 of title 22, Code of Federal
Regulations (or any successor regulations)..510.Exemption for
transactions with countries supporting acts of international
terrorismSection 40(h) of the
Arms Export Control Act (22 U.S.C. 2780(h)) is amended—(1)in the
heading—(A)by striking
Exemption and inserting
Exemptions; and(B)by adding and certain federal law enforcement
activities after Reporting requirements;
and(2)by adding at the
end before the period the following: or with respect to Federal law
enforcement activities undertaken to further the investigation of violations of
this Act.511.Report on
Foreign Military Financing programSection 23 of the Arms Export Control Act
(22 U.S.C. 2763) is amended by adding at the end the following:(i)Report(1)In
generalThe President shall
transmit to the appropriate congressional committees as part of the supporting
materials of the annual congressional budget justification a report on the
implementation of this section for the prior fiscal year.(2)Matters to be
includedThe report required under paragraph (1) shall include a
description of the following:(A)The extent to
which the use of the authority of this section is based on a well-formulated
and realistic assessments of the capability requirements of foreign countries
and international organizations.(B)The extent to
which the provision of grants under the authority of this section are
consistent with United States conventional arms transfer policy.(C)The extent to
which the Department of State has developed and implemented specific plans to
monitor and evaluate outcomes under the authority of this section, including at
least one country or international organization assessment each fiscal
year.(3)Appropriate
congressional committeesIn this subsection, the term
appropriate congressional committees means—(A)the Committee on
Appropriations and the Committee on Foreign Affairs of the House of
Representatives; and(B)the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate..512.Congressional
notification of regulations and amendments to regulations under section 38 of
the Arms Export Control Act(a)In
generalSection 38 of the
Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the
following:(k)Congressional
notificationThe President
shall submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a copy of
regulations or amendments to regulations issued to carry out this section at
least 30 days before publication of the regulations or amendments in the
Federal Register unless, after consulting with such Committees, the President
determines that there is an emergency that requires a shorter period of time
for submittal of such regulations or
amendments..(b)Effective
dateThe amendment made by subsection (a) takes effect on the
date of the enactment of this Act and applies with respect the issuance of
regulations or amendments to regulations made on or after the date of the
enactment of this Act.513.Diplomatic
efforts to strengthen national and international arms export
controlsNot later than one
year after the date of the enactment of this Act, and annually thereafter for 4
years, the President shall transmit to the appropriate congressional committees
a report on United States diplomatic efforts to strengthen national and
international arms export controls, including a detailed description of any
senior-level initiative, to ensure that those arms export controls are
comparable to and supportive of United States arms export controls,
particularly with respect to countries of concern to the United States.514.Review and
report of investigations of violations of section 3 of the Arms Export Control
Act(a)ReviewThe Inspector General of the Department of
State shall conduct a review of investigations by the Department of State
during each of fiscal years 2013 through 2017 of any and all possible
violations of section 3 of the Arms Export Control Act (22 U.S.C. 2753) with
respect to misuse of United States-origin defense items to determine whether
the Department of State has fully complied with the requirements of such
section, as well as its own internal procedures (and whether such procedures
are adequate), for reporting to Congress any information regarding the unlawful
use or transfer of United States-origin defense articles, defense services, and
technology by foreign countries, as required by such section.(b)ReportThe
Inspector General of the Department of State shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate for each of fiscal years 2013 through 2017 a report
that contains the findings and results of the review conducted under subsection
(a). The report shall be submitted in unclassified form to the maximum extent
possible, but may include a classified annex.515.Reports on
commercial and governmental military exports under the Arms Export Control Act;
congressional actions(a)Congressional
consultation(1)Government
salesSection 36(b)(1) of the Arms Export Control Act (22 U.S.C.
2776(b)(1)) is amended by adding at the end the following: The President
shall consult fully and completely with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations of the Senate
before submitting a certification under this subsection..(2)Commercial
salesSection 36(c)(1) of the
Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended by adding at the end
the following: The President shall consult fully and completely with the
Committee on Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate before submitting a certification under this
subsection..(b)Requirement To
provide advance notification and consultation on certain sales and
exportsSection 36 of the Arms Export Control Act (22 U.S.C.
2776) is amended by adding at the end the following new subsection:(i)(1)(A)Not later than 60 calendar days prior to
the submission of a certification under subsection (b), (c), or (d) of this
section, the President shall provide advance notification in writing to, and
consult with, the chairs and ranking minority members of the appropriate
congressional committees of the offer to sell or export the defense articles or
defense services with respect to which such a certification is required to be
submitted pursuant to any such subsection.(B)(i)The requirement of
subparagraph (A) to provide 60 calendar days advance notification in writing to
the chairs and ranking minority members of the appropriate congressional
committees shall not apply if the chairs and ranking minority members of the
appropriate congressional committees have agreed, at their discretion, to waive
such requirement.(ii)The requirements of subparagraph (A)
shall not apply if the President states in the certification that an emergency
exists that requires the sale or export of defense articles or defense services
to be in the national security interests of the United States in accordance
with subsection (b), (c), or (d) of this section.(2)(A)A certification submitted under subsection
(b), (c), or (d) of this section shall be subject to the procedures applicable
to reprogramming notifications under section 634A(a) of the Foreign Assistance
Act of 1961.(B)The requirement of subparagraph (A) shall
not apply if the President transmits to the chairs and ranking minority members
of the appropriate congressional committees a report in writing that contains a
determination of the President that extraordinary circumstances exist which
necessitates the obviation of such requirement and a detailed description of
such
circumstances..(c)DefinitionSection 36(e) of the Arms Export Control
Act (22 U.S.C. 2776(e)) is amended—(1)by redesignating
paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and(2)by inserting
before paragraph (2) (as redesignated) the following new paragraph:(1)the term appropriate congressional
committee means—(A)the Committee on
Foreign Affairs of the House of Representatives; and(B)the Committee on
Foreign Relations of the
Senate;.(d)Conforming
amendmentsSection 36 of the Arms Export Control Act (22 U.S.C.
2776) is amended—(1)in subsections
(a), (b)(1), (c)(1), and (f), by striking Speaker of the House of
Representatives and to the chairman of the Committee on Foreign Relations of
the Senate and inserting chairs of the appropriate congressional
committees;(2)in subsection
(b)—(A)in paragraph (1),
by striking such committee or the Committee on Foreign Affairs of the
House of Representatives and inserting either chair of the
appropriate congressional committees;(B)in paragraph (4), by striking
Congress and inserting chairs of the appropriate
congressional committees; and(C)in paragraph (5)—(i)in subparagraph
(A), by striking chairman of the Committee on Foreign Affairs of the
House of Representatives and the chairman of the Committee on Foreign Relations
of the Senate and inserting chairs of the appropriate
congressional committees;(ii)in subparagraph (B), by striking
Congress and inserting chairs of the appropriate
congressional committees; and(iii)in subparagraph (C), by striking
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate and inserting
chairs of the appropriate congressional committees; and(3)in subsection
(c)—(A)in paragraph (1), by striking such
committee or the Committee on Foreign Affairs of the House of
Representatives and inserting either chair of the appropriate
congressional committees;(B)in subparagraphs (A) and (C) of paragraph
(2), by striking Congress receives and inserting chairs
of the appropriate congressional committees receive; and(C)in paragraph (4), by striking
Congress each place it appears and inserting the chairs
of the appropriate congressional committees.BMiscellaneous
Provisions521.Treatment of
militarily insignificant parts and componentsIt shall be the policy of the United States,
pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 2778) to
prioritize the removal of those militarily insignificant parts, components,
accessories, and attachments from the United States Munitions List that, even
if specifically designed for a defense article controlled on the United States
Munitions List, would warrant no more than anti-terrorism controls under the
Export Administration Act of 1979 (as continued in effect under the
International Emergency Economic Powers Act) or any successor Act.522.Special export
licensing for United States alliesSection 38 of the Arms Export Control Act
(22 U.S.C. 2778), as amended by this Act, is further amended by adding the
following new subsection:(l)Special export
licensing for United States alliesThe President may establish
special licensing procedures for the export of replacement components, parts,
accessories, attachments, equipment, firmware, software or technology that are
not designated as major defense equipment or significant military equipment to
the North Atlantic Treaty Organization, any member country of that
Organization, or any other country described in section 36(c)(2)(A) of this
Act..523.Improving and
streamlining licensing under United States Government arms export control
programsIn implementing
reforms of United States arms export control programs, the President should
prioritize the development of a new framework to improve and streamline
licensing under such programs, including by seeking to revise the Special
Comprehensive Export Authorizations for the North Atlantic Treaty Organization,
any member country of that Organization, or any other country described in
section 36(c)(2)(A) of the Arms Export Control Act (22 U.S.C. 2776(c)(2)(A))
under section 126.14 of title 15, Code of Federal Regulations (relating to the
International Traffic in Arms Regulations).524.Authority to
remove satellites and related components from the United States Munitions
List(a)AuthoritySubject
to subsection (b), the President is authorized to remove commercial satellites
and related components and technology from the United States Munitions List
pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)).(b)DeterminationThe
President may exercise the authority provided in subsection (a) only if the
President submits to the appropriate congressional committees a determination
that the transfer of commercial satellites and related components and
technology from the United States Munitions List does not pose an unacceptable
risk to the national security of the United States. Such determination shall
include a description of the risk-mitigating controls, procedures, and
safeguards the President will put in place to reduce such risk to an absolute
minimum.(c)ProhibitionNo license or other authorization for
export shall be granted for the transfer, retransfer, or reexport of any
commercial satellite or related component or technology contained on the
Commerce Control List maintained under part 774 of title 15, Code of Federal
Regulations to any person or entity of the following:(1)The People’s
Republic of China.(2)Cuba.(3)Iran.(4)North
Korea.(5)Sudan.(6)Syria.(7)Any country with
respect to which the United States would deny the application for licenses and
other approvals for exports and imports of defense articles under section 126.1
of title 15, Code of Federal Regulations (relating to the International Traffic
in Arms Regulations).(d)Report(1)In
generalNot later than 1 year after the date of enactment of this
Act, and annually thereafter, the Director of National Intelligence shall
submit to the appropriate congressional committees on efforts of state sponsors
of terrorism, other foreign countries, or entities to illicitly acquire
commercial satellites and related components and technology.(2)FormSuch
report shall be submitted in unclassified form, but may contain a classified
annex.(e)DefinitionIn
this section, the term appropriate congressional committees
means—(1)the Committees on
Foreign Relations, Armed Services, and Intelligence of the Senate; and(2)the Committees on
Foreign Affairs, Armed Services, and Intelligence of the House of
Representatives.525.Report on
licenses and other authorizations to export commercial satellites and related
components and technology contained on the Commerce Control List(a)In
generalNot later than 60
days after the end of each calendar quarter, the President shall transmit to
the Committee on Foreign Affairs of the House of Representatives and the
Committee on Banking, Finance, and Urban Affairs of the Senate a report
containing a listing of all licenses and other authorizations to export
commercial satellites and related components and technology contained on the
Commerce Control List maintained under part 774 of title 15, Code of Federal
Regulations.(b)FormSuch
report shall be submitted in unclassified form, but may contain a classified
annex.526.Review of
United States Munitions ListSection 38(f)(1) of the Arms Export Control
Act (22 U.S.C. 2778) is amended by striking the last sentence and inserting the
following: Such notice shall include, to the extent practicable, an
enumeration of the item or items to be removed and describe the nature of any
controls to be imposed on that item under any other provision of
law..527.Report on
country exemptions for licensing of exports of munitions and related technical
data(a)In
generalNot later than 120
days after the date of enactment of this Act, the Attorney General, the
Secretary of Commerce, and the Secretary of Homeland Security shall submit to
the appropriate congressional committees a report that includes—(1)an assessment of
the extent to which the terms and conditions of exemptions for foreign
countries from the licensing requirements of the Commerce Munitions List (or
analogous controls for commercial satellites and related components and
technology) contain strong safeguards; and(2)a compilation of sufficient documentation
relating to the export of munitions, commercial spacecraft, and related
technical data to facilitate law enforcement efforts to effectively detect,
investigate, deter and enforce criminal violations of any provision of the
Export Administration Regulations, including efforts on the part of state
sponsors of terrorism, other countries or entities to illicitly acquire such
controlled United States technology.(b)DefinitionsIn
this section—(1)the term
appropriate congressional committees means—(A)the Committee on
Foreign Affairs and the Committee on Homeland Security of the House of
Representatives; and(B)the Committee on
Banking, Housing, and Urban Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate; and(2)the term
munitions means—(A)items transferred
from the United States Munitions List to the Commerce Control List and
designated as 600 series items on the Commerce Control List
under the Export Administration Regulations, as proposed by the Bureau of
Industry and Security of the Department of Commerce on July 15, 2011 (76 F.R.
41958); or(B)any successor
regulations.528.End-use
monitoring of munitions(a)Establishment of
monitoring programIn order to ensure accountability with respect
to the export of munitions and related technical data on the Commerce Munitions
List, the President shall establish a program to provide for the end-use
monitoring of such munitions and related technical data.(b)Report to
congressNot later than 180 days after the date of the enactment
of this Act, and annually thereafter, the President shall submit to Congress a
report describing the actions taken to implement this section, including a
detailed accounting of the costs and number of personnel associated with the
program established under subsection (a).(c)MunitionsIn
this section, the term munitions means—(1)items transferred
from the United States Munitions List to the Commerce Control List and
designated as 600 series items on the Commerce Control List
under the Export Administration Regulations, as proposed by the Bureau of
Industry and Security of the Department of Commerce on July 15, 2011 (76 F.R.
41958); or(2)any successor
regulations.529.DefinitionsIn this subtitle:(1)Commerce
munitions listThe term Commerce Munitions List
means—(A)items transferred
from the United States Munitions List to the Commerce Control List and
designated as 600 series items on the Commerce Control List
under the Export Administration Regulations, as proposed by the Bureau of
Industry and Security of the Department of Commerce on July 15, 2011 (76 F.R.
41958); or(B)any successor
regulations.(2)Commercial
satellites and related components and technologyThe term
commercial satellites and related components and technology
means—(A)communications
satellites that do not contain classified components, including remote sensing
satellites with performance parameters below thresholds identified on the
United States Munitions List; and(B)systems,
subsystems, parts, and components associated with such satellites and with
performance parameters below thresholds specified for items that would remain
on the United States Munitions List.(3)Export
administration regulationsThe term Export Administration
Regulations means—(A)the Export
Administration Regulations as maintained and amended under the authority of the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or(B)any successor
regulations.(4)State sponsor of
terrorismThe term state sponsor of terrorism means
a country the government of which has been determined by the Secretary of
State, for purposes of section 6(j) of the Export Administration Act of 1979
(as continued in effect under the International Emergency Economic Powers Act),
section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, or any other provision of law, is a government that has
repeatedly provided support for acts of international terrorism.(5)United states
munitions listThe term United States Munitions
List means the list referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).